BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: SB 1380
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|Author: |Mitchell |
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|Version: |March 28, 2016 |Hearing |April 12, 2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Taryn Smith |
|: | |
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Subject: Homeless Coordinating and Financing Council
SUMMARY
This bill requires a state agency or department that funds,
implements, or administers a state program that provides housing
or housing-related services to people experiencing homelessness
or at risk of homelessness, except as specified, to adopt
guidelines and regulations to include Housing First policies.
The bill establishes the Homeless Coordinating and Financing
Council to oversee implementation of the Housing First
regulations and, among other things, to identify resources,
benefits, and services that can be accessed to prevent and end
homelessness in California. It also establishes the Homeless
Trust Fund, a continuously appropriated fund, to receive
specified grant moneys and fund the administrative costs of the
council, as specified.
ABSTRACT
Existing law:
1) Defines, in federal statute, the word "homeless" for the
purpose of housing assistance, to mean an individual or
family who lacks a fixed, regular, and adequate nighttime
residence, such as:
a. A primary nighttime residence that is a public
or private place not designed for or ordinarily used
as a regular sleeping accommodation for human beings,
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including a car, park, abandoned building, bus or
train station, airport, or camping ground;
b. A supervised publicly or privately operated
shelter designated to provide temporary living
arrangements (including congregate shelters,
transitional housing, and hotels and motels paid for
by charitable organizations or by federal, state, or
local government programs for low-income individuals);
or
c. Exiting an institution where he or she resided
for 90 days or less and who resided in an emergency
shelter or place not meant for human habitation
immediately before entering that institution (42 CFR
91.5)
2) Additionally defines homeless to mean an individual or
family who will imminently lose their primary nighttime
residence, as specified, an unaccompanied youth younger
than 25 years of age who meets certain circumstantial
criteria or an individual or family who is fleeing domestic
violence, stalking or other dangerous situations, under
certain circumstances.
3) States Legislative findings and declarations about
homelessness, the housing shortfall and other related
issues including: The Legislature finds and declares that
there exists within the urban and rural areas of the state
a significant number of persons without decent, safe, and
sanitary housing. This shortage is inimical to the health,
safety, and welfare of the residents of this state and the
sound growth of its communities. Without the assistance
contemplated in this division, it is not financially
feasible for private enterprise and private investors to
provide decent, safe, and sanitary emergency housing for
persons who are homeless. (HSC 50003.3)
4) Establishes the federal Temporary Assistance for Needy
Families (TANF) program, which permits states to implement
the program under a state plan. (42 USC § 601 et seq.)
5) Establishes in state law the California Work Opportunity
and Responsibility to Kids (CalWORKs) program to provide
cash assistance and other social services for low-income
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families through the federal Temporary Assistance for Needy
Families (TANF) program. Under CalWORKs, each county
provides assistance through a combination of state, county
and federal TANF funds. (WIC 10530)
This bill:
1) Makes a series of legislative findings and declarations
regarding homelessness.
2) Adds a new section of the Welfare and Institutions Code,
and defines the terms "Coordinating Council," "homeless"
and "state programs."
3) Establishes that core components of a Housing First
model includes all of the following:
a. Tenant screening and selection practices that
promote accepting applicants regardless of their
sobriety or use of substances, completion of
treatment, or participation in services.
b. Applicants are not rejected on the basis of
poor credit or financial history, poor or lack of
rental history, criminal convictions unrelated to
tenancy, or behaviors that indicate a lack of "housing
readiness."
c. Acceptance of referrals directly from
shelters, street outreach, drop-in centers, and other
parts of crisis response systems frequented by
vulnerable people experiencing homelessness.
d. Supportive services that emphasize engagement
and problem-solving over therapeutic goals and service
plans that are highly tenant-driven without
predetermined goals.
e. Participation in services or program
compliance is not a condition of permanent housing
tenancy.
f. Tenants have a lease and all the rights and
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responsibilities of tenancy, as outlined in
California's Civil, Health and Safety, and Government
codes.
g. The use of alcohol or drugs in and of itself,
without other lease violations, is not a reason for
eviction.
h. In communities with coordinated assessment
and entry systems, incentives for funding promote
tenant selection plans for supportive housing that
prioritize eligible tenants based on criteria other
than "first-come-first-serve," including, but not
limited to, the duration or chronicity of
homelessness, vulnerability to early mortality, or
high utilization of crisis services. Prioritization
may include triage tools, developed through local
data, to identify high-cost, high-need homeless
residents.
i. Case managers and service coordinators who are
trained in and actively employ evidence-based
practices for client engagement, including, but not
limited to, motivational interviewing and
client-centered counseling.
j. Services are informed by a harm-reduction
philosophy that recognizes drug and alcohol use and
addiction as a part of tenants' lives, where tenants
are engaged in nonjudgmental communication regarding
drug and alcohol use, and where tenants are offered
education regarding how to avoid risky behaviors and
engage in safer practices, as well as connected to
evidence-based treatment if the tenant so chooses.
aa. The project and specific apartment may include
special physical features that accommodate
disabilities, reduce harm, and promote health and
community and independence among tenants.
4) Requires that agencies and departments administering
state programs created on or after July 1, 2017, shall
collaborate with the Homeless Coordinating and Financing
Council to adopt guidelines and regulations to incorporate
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core components of Housing First. By July 1, 2019,
agencies and departments administering state programs in
existence prior to July 1, 2017, must collaborate with the
Coordinating Council to revise or adopt guidelines and
regulations that incorporate the core components of Housing
First.
5) Establishes a set of goals for the council as the single
statewide homeless planning and policy development resource
to accomplish within 180 days of the bill's effective date,
including:
a) To identify mainstream resources, benefits, and
services that can be accessed to prevent and end
homelessness in California.
b) To create partnerships among state agencies and
departments, local government agencies, participants in
the United States Department of Housing and Urban
Development's Continuum of Care Program, federal
agencies, the United States Interagency Council on
Homelessness, nonprofit entities working to end
homelessness, and the private sector, for the purpose of
arriving at specific strategies to end homelessness.
c) To promote systems integration to increase
efficiency and effectiveness.
d) To coordinate existing funding and applications for
competitive funding.
e) To make policy and procedural recommendations to
legislators and other government entities.
f) To identify and seek money to end homelessness,
including, but not limited to, federal and philanthropic
funding opportunities.
g) To broker agreements between state agencies and
departments and between state agencies and departments
and local jurisdictions to align and coordinate
resources, reduce administrative burdens of accessing
existing resources, and foster common applications for
services, operating, and capital funding.
h) To serve as the single statewide homelessness
planning and policy development resource.
i) To report to the Governor, federal Cabinet members,
and the Legislature on homelessness and work to reduce
homelessness.
j) To ensure accountability and results in meeting the
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strategies and goals of the council.
6) Requires the Governor to appoint up to 15 members of the
Coordinating Council as follows:
a) A representative of the Governor's office.
b) A representative of the Department of Social
Services.
c) A representative of the California Housing Finance
Agency.
d) A representative of the Department of Health Care
Services.
e) A representative of the Department of Veterans
Affairs.
f) A representative of the Department of Corrections
and Rehabilitation.
g) People who are, or have been, homeless in
California, to the extent funding is available to pay for
travel costs and stipends.
h) Representatives of local agencies or organizations
that participate in the United States Department of
Housing and Urban Development's Continuum of Care
Program.
i) State advocates and other members of the public or
state agencies, according to the Governor's discretion.
1) Requires that members of the council shall serve at the
pleasure of the Governor, and that the Governor shall
appoint a chairperson, who may rotate among members at
terms set by the Governor.
7) Requires that the members shall serve without
compensation, except that members who are, or have been,
homeless may receive reimbursement for travel, per diem, or
other expenses.
8) Requires the Assistant Director for Homeless and Housing
Policy within the Department of Housing and Community
Development to provide staff for the council.
9) Establishes in the state treasury the Homeless Trust
Fund. Requires moneys in the fund to consist of funds
awarded to the state through philanthropic, federal, or
other grants the Coordinating Council, or departments
within the Coordinating Council, receive that are not
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otherwise designated to be administered by another agency
and that are expressly restricted for use only for the
council's purposes, as specified.
10) Continuously appropriates moneys in the fund as follows:
a) For the purposes of the grant.
b) For the administrative costs of the Coordinating
Council, when appropriate and available.
FISCAL IMPACT
This bill has not yet been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, homelessness affects multiple programs
in California, and a state as large, diverse, and complex as
California requires a coordinating body that would allow
agencies to maximize federal funding, leverage local dollars,
and ensure programs touching homeless Californians are as
effective as possible. Larger cities like Los Angeles, San
Francisco, and San Diego, as well as smaller municipalities like
Redding and Ukiah, are searching for answers and best practices
to help homeless populations in their respective areas, per the
author. The author states that solutions to homelessness must be
coordinated statewide.
The author states that California has several programs designed
to fund housing for homeless residents, but has no coordinated
plan or program to address homelessness systematically. In fact,
according to the author, California's programs promote policies
that are at odds with each other: Some fund evidence-based
housing programs while others fund programs that are
ineffectively addressing homelessness. SB 1380 requires state
programs that fund housing for homeless residents to adopt
guidelines and regulations that incorporate the core components
of "Housing First," as defined in the bill. According to the
author, Housing First is the only evidence-based model proven to
reduce homelessness, prevent returns to homelessness, and
decrease public expenditures.
Poverty
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A 2014 Stanford poverty center report found that 26.3 percent of
young children - aged 6 or younger - were living below the
poverty level as defined by the California Poverty Measure, and
24.9 percent were classified below poverty using the official
measure. The federal poverty rate is updated annually to reflect
price shifts in food, using a formula that was created in the
1960s. More recently, the California Poverty Measure, published
by researchers at Stanford University's Center on Poverty and
Inequality and the Public Policy Institute of California (PPIC),
attempts to refine California's data to include geographic and
demographic differences throughout the state.
The California Poverty Measure takes into account costs of
living besides food, including transportation, child care,
medical out of pocket expenses. Researchers have indicated that
California's high poverty rate is significantly impacted by the
state's high housing costs and other high costs of living.
Children suffer the highest poverty rates. The 2015 poverty
threshold is reflected below.
---------------------------
| 2015 Federal Poverty |
| Thresholds |
---------------------------
|-------------+-------------|
| Persons in | Poverty |
|family/househ| guideline |
| old | |
|-------------+-------------|
| 1 | $11,770 |
|-------------+-------------|
| 2 | $15,930 |
|-------------+-------------|
| 3 | $20,090 |
|-------------+-------------|
| 4 | $24,250 |
|-------------+-------------|
| 5 | $28,410 |
|-------------+-------------|
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| 6 | $32,570 |
|-------------+-------------|
| 7 | $36,730 |
|-------------+-------------|
| 8 | $40,890 |
|-------------+-------------|
| Each | $4,160 per |
| additional | person |
---------------------------
---------------------------
| Source: US Health and |
|Human Services Agency |
| |
---------------------------
Homelessness in California
According to the Annual Homeless Assessment Report (AHAR)
produced by the US Department of Housing and Urban Development
(HUD) on a single night in January 2014, there were 113,952
homeless people in California, 71,437 of whom were unsheltered.
According to the author, California has the nation's largest
homeless population -- 22 percent of the nation's total.
The health, personal, and economic challenges that chronically
homeless individuals and families face and the lack of
effective, coordinated services to address these problems often
lead to a vicious cycle of housing instability and health
deterioration. Health conditions of those experiencing
long-term homelessness often prevent housing stability, while
persistent homelessness impedes access to needed health and
employment services. Consequently, people who are chronically
homeless cycle through costly emergency-driven public systems -
emergency shelters, emergency rooms, detoxification centers,
criminal justice facilities - without getting the ongoing care
they need to address severe mental illness, substance abuse
disorders, or chronic health conditions. People who experience
multiple episodes of homelessness, who are chronically homeless,
or who frequently use avoidable crisis services use a
disproportionate share of public resources.
Homelessness has particularly damaging effects on children. The
effects of homelessness on children include hunger and related
physical, cognitive and developmental issues, lowered academic
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achievement and increases in stress, depression, emotional
instability and overall poor mental health. Data compiled by Los
Angeles County's Department of Public Social Services shows the
number of families on CalWORKs experiencing homelessness has
grown exponentially through and since the Great Recession.
--------------------------------------
| |CalWORKs | Homeless |
| | | CalWORKs |
| |Families | Families |
|-----------+---------+----------------|
|July 2006 | 152,722 | 5,487 |
|-----------+---------+----------------|
|November | 169,910 |15,814 |
|2014 | | |
|-----------+---------+----------------|
|% Increase | 11% |188% |
| | | |
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Los Angeles County Department of Public
Social Services, 2015
Housing First
Housing First approaches homelessness by providing permanent,
affordable housing for families and individuals, and then
providing supportive services in order to help people avoid
returning to homelessness. Housing First is premised on the idea
that housing should not be denied to anyone, even if they are
abusing alcohol or other substances. Under Housing First,
supportive services are offered to maximize housing stability
and prevent returns to homelessness as opposed to addressing
predetermined treatment goals prior to providing housing.
According to the U. S Department of Housing and Urban
Development, "Housing First is an approach to quickly and
successfully connect individuals and families experiencing
homelessness to permanent housing without preconditions and
barriers to entry, such as sobriety, treatment or service
participation requirements."
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The model also emphasizes supportive services that prioritize
engagement and problem solving. By adopting a harm-reduction
philosophy, tenants are engaged in non-judgmental communication
regarding drug and alcohol use and encouraged to find solutions
to the problems that have made them homeless. Many current state
programs, and some programs that are under development, already
embrace the Housing First model.
Housing and Homeless Programs
There are number of state agencies involved in providing housing
assistance, serving the homeless, preventing homelessness, and
financing the development of affordable housing. In addition,
the federal government has its own programs and programs
requirements. Below is a brief description of some of these
state agencies and their programs.
California Department of Housing and Community Development (HCD)
administers a variety of programs to meet a large range of
housing needs, including emergency shelters and transitional
housing, affordable rental housing, and affordable
homeownership. As a general rule, HCD administers programs that
receive money from the state's General Fund, either through the
budget or from general obligation bonds. Currently, HCD, in
collaboration with California Housing Finance Agency and
California Department of Veterans Affairs, is administering $600
million in general obligation bonds to provide multifamily
housing to veterans under the voter-approved Veterans Housing
and Homeless Prevention Bond Act of 2014. The program requires
providers to adhere to Housing First practices.
The California Housing Finance Agency (CalHFA) is the state's
affordable-housing bank. CalHFA borrows money from the private
financial market at below-market interest rates by issuing
tax-exempt revenue bonds. CalHFA also provides down-payment
assistance in the form of deferred, "silent second" mortgages
(i.e., the borrower makes no monthly payments but repays the
loan at sale or refinance). On behalf of counties that choose to
dedicate some of their revenues from Proposition 63 - the mental
health services tax - for supportive housing, CalHFA also
administers the Mental Health Services Act Housing Program. This
program provides developers of affordable housing who agree to
set aside units for persons with mental illness with both
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capital funding and critical operating and service funding.
Tax Credit Allocation Committee (TCAC) within the State
Treasurer's Office allocates tax credits to developers of
affordable rental housing.
CalWORKs Housing Support Program is an evidence-based rapid
rehousing support program for CalWORKs families that are
experiencing homelessness or housing instability which is a
barrier to self-sufficiency or child well-being. Included in the
program are rental assistance and security costs, as well as
caseworker engagement with the clients' landlord, home finding,
credit repair, and financial literacy. The Housing Support
Program was established in 2014. This program contains core
components of Housing First. The program is not available in all
counties.
CalWORKs Homeless Assistance Program offers temporary shelter
assistance and permanent housing assistance to homeless families
under the CalWORKs program. Permanent housing assistance can be
provided to help secure or maintain permanent housing and help
prevent eviction for a family. Temporary shelter assistance is
provided to homeless families for up to 16 consecutive days.
Any break in the use of the assistance, including one night
spent with a friend or relative, automatically terminates a
family's ability to receive shelter assistance for any days
remaining within the 16 consecutive day limit. The 16
consecutive day limit is a lifetime limit for temporary shelter
assistance, provided that a family doesn't meet criteria for an
exception.
CalWORKs Family Stabilization Program provides intensive case
management and services in addition to those provided by the
county's WTW program to families who are experiencing an
identified situation or crisis that is destabilizing the family.
Additional services include treatment for family members,
intensive day treatment, non-medical outpatient drug treatment,
residential treatment, and emergency shelter, movement to
transitional housing, rehabilitative services and/or substance
abuse counseling and treatment. While Family Stabilization
Program is not a housing program, counties are given flexibility
to offer housing assistance within the program.
Related legislation:
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AB 998 (Fong and Atkins, 2013) would have created the California
Interagency Council on Homelessness and provided that the
council be composed of specified members. AB 998 would have
authorized the council to perform various duties, including
providing a state plan to respond to homelessness. This bill
would have authorized the council to seek all available federal
funding for purposes of funding the council and its activities.
AB 998 was held in Assembly Appropriations Committee.
AB 1167 (Fong, 2011) would have create the California
Interagency Council on Homelessness and authorize the council to
perform various activities, including acting as the lead for
coordinating and planning the state's response to homelessness
and would require the council to seek all available federal
funding for purposes of funding the council and its activities.
This bill was held in Senate Appropriations Committee.
AB 1875 (Fong, 2010 ) would have created the California
Interagency Council on Homelessness, composed of specified
members and performing duties as prescribed, to construct
cross-agency and community cooperation in responding to
homelessness, and to identify and apply for increased federal
funding to respond to homelessness. This bill w was held in
Assembly Business, Professions and Consumer Protection
Committee.
COMMENTS
There are myriad programs in California to address homelessness,
however the effort is plagued by too-few resources and a lack of
coordination among state agencies, local government and
nonprofit organizations. Program requirements administered by
one agency may conflict with program requirements administered
by another, or may replicate efforts of agency staff. It is
unclear that adding a 15-member coordinating council to oversee
existing efforts will, in fact, create efficiencies. Concerns
have been raised about the effect on existing allocation
formulas within various agencies and other priority needs that
departments have established. However, creating a statewide
council may serve to streamline efforts and reduce redundancies
within the state by providing statewide policy recommendations
and coordination for critical issues, including the need to
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address rural homelessness and housing for specialized
populations, such as those with mental illness. Staff recommends
the following clarifying amendments:
Council activities will not affect shelter programs.
Housing programs that have already adopted the Housing
First model will not be required to revisit their existing
guidelines and regulations.
The Council will facilitate and coordinate state
entities' efforts to obtain funding for housing programs
and act as a policy development resource on ending
homelessness in California.
The Council will focus on the needs of small communities
and rural areas.
The Council will not have a grant distribution function.
The committee also recommends amendments that would:
Reduce the number of Council members while also adding
representative of specified local and state government.
Encourage public input and participation in Council
activities.
All of these recommendations are discussed below.
Recommended Amendments
1) Shelter programs
According to the author's office, SB 1380 is focused on
housing policy, not shelters. Therefore the following
clarifying amendment is recommended:
On page 5, line 9: (e) "State programs" means any programs
a California state agency or department funds, implements,
or administers for the purpose of providing housing or
housing-based services to people experiencing homelessness
or at risk of homelessness, with the exception of federally
funded programs with requirements inconsistent with this
chapter or programs that fund emergency shelters .
2) Existing Housing First Guidelines and Policies
Many state funded housing programs have already adopted the core
components of Housing First The following amendment would
clarify those state programs that have already incorporated
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Housing First into their guidelines and regulations will not be
required to revise existing guidelines or polices.
On page 5, line 19: (b) By July 1, 2019, agencies and
departments administering state programs in existence prior
to July 1, 2017, shall collaborate with the Coordinating
Council to revise or adopt guidelines and regulations that
incorporate the core components of Housing First, if the
existing guidelines and regulations do not already
incorporate the core components of Housing First .
3) Avoiding Bureaucratic Redundancy
As drafted, it appears this bill may to create another
layer of bureaucracy between program funding and services
for the homeless or near homeless. Currently, the bill
would make the Council the "single statewide homelessness
planning and policy development resource," which appears to
conflict with the role and purpose of Housing and Community
Development. Additionally, it gives the Council broad
powers and authorities that may be redundant to existing
programs. Therefore, the committee recommends the following
amendments.
On page 5, line 23: 8262. (a) Within 180 days of the
effective date of the measure adding this chapter, the
Governor shall create a Homeless Coordinating and Financing
Council.
(b) The Coordinating Council shall have the following
goals:
(1) To oversee implementation of this chapter.
(2) To identify mainstream resources, benefits, and
services that can be accessed to prevent and end
homelessness in California.
(3) To create partnerships among state agencies and
departments, local government agencies, participants in the
United States Department of Housing and Urban Development's
Continuum of Care Program, federal agencies, the United
States Interagency Council on Homelessness, nonprofit
entities working to end homelessness, and the private
sector, for the purpose of arriving at specific strategies
to end homelessness.
(4) To promote systems integration to increase efficiency
and effectiveness.
(5) To coordinate existing funding and applications for
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competitive funding. Any action taken pursuant to this
paragraph shall not not restructure or change any existing
allocations or allocation formulas.
(6) To make policy and procedural recommendations to
legislators and other government entities.
(7) To identify and seek money funding opportunities for
state entities that have programs to end homelessness,
including, but not limited to, federal and philanthropic
funding opportunities and to facilitate and coordinate
those state entities' efforts to obtain that funding.
(8) To broker agreements between state agencies and
departments and between state agencies and departments and
local jurisdictions to align and coordinate resources,
reduce administrative burdens of accessing existing
resources, and foster common applications for services,
operating, and capital funding.
(9) To serve as the single statewide homelessness planning
and policy development resource.
To serve as a statewide facilitator, coordinator and policy
development resource on ending homelessness in California.
4) Small Communities and Rural Areas
According to the National Alliance to End Homelessness,
while homeless rates in urban and mostly urban areas are
generally higher than in rural, there are some rural
places with extremely high rates of homelessness. For
example, in 2010 Mendocino County had highest homeless rate
in a rural area in the country with 161.3 homeless
residents per 10,000<1>. According to U.S Department of
Agriculture Economic Research Service, rural areas have
almost double the percent of unsheltered persons in
families. In 2014, the non-metropolitan child poverty rate
was 25.2 percent, as compared to the rate in metropolitan
areas of 21.1 percent<2>. Rural areas, with less dense
populations, may have unique needs when addressing
homelessness. Therefore, the committee recommends the
following amendment:
-------------------------
<1>
http://www.endhomelessness.org/library/entry/highest-coc-homeless
-population-and-rates
<2>
http://www.ers.usda.gov/topics/rural-economy-population/rural-pov
erty-well-being/poverty-overview.aspx
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On page 6, line 18: (12) To identify and implement
strategies to fight homelessness in small communities and
rural areas.
5) Council Membership
Currently, SB 1380 would create a 15-member Coordinating
Council with representatives from government agencies that
have a role in implementing homeless programs and with
homeless advocates. The committee recommends that the Tax
Credit Allocation Committee within the State Treasuere's
Office be added to the Council because they have a role in
allocating tax credits to developers of affordable rental
housing. Additionally, the committee recommends that the
Council should be permitted to select its own Chairperson.
Therefore, the committee recommends the following
amendments.
On page 6, line 18: (c) The Governor shall appoint up to 15
members of the Coordinating Council as follows:
(1) A representative of the Governor's office.
(2) A representative of the Department of Social Services.
(3) A representative of the California Housing Finance
Agency.
(4) A representative of the Department of Health Care
Services.
(5) A representative of the Department of Veterans Affairs.
(6) A representative of the Department of Corrections and
Rehabilitation.
(7) A representative from the Tax Credit Allocation
Committee in the State Treasurer's Office.
(7) (8) People who are, or have been, homeless in
California, to the extent funding is available to pay for
travel costs and stipends.
(8) (9) Representatives of local agencies or organizations
that participate in the United States Department of Housing
and Urban Development's Continuum of Care Program.
(9) (10) State advocates and other members A state advocate
or other member of the public or state agencies, according
to the Governor's discretion.
On page 6, line 34: (d) The members of the council shall serve
at the pleasure of the Governor. The Governor shall appoint a
chairperson, who may rotate among members at terms set by the
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Governor.
6) Public Input and Participation
Currently, SB 1380 is silent on how the public will be
permitted or invited to participate in Council activities.
Public input is especially important when crafting
statewide guidelines and policies that have such a profound
effect on communities. While the Council membership will
represent wide range of expertise, it might be helpful to
provide the Council with the authority to invite other
stakeholders, advocates, experts or individuals who have
experienced homelessness to share their perspectives and
experiences as the Council works to develop recommended
statewide policies. Therefore, the committee recommends the
following amendments:
On page 6, line 37 : (e) The council may, at its discretion,
invite stakeholders, individuals who have experienced
homelessness, members of philanthropic communities, and
experts to participate in meetings or provide information
to the council.
(f) The council shall hold public meetings at least once
every quarter. Within current costs, the council may
establish working groups, task forces, or other structures
from within its membership or with outside members to
assist it in its work. Working groups, task forces, or
other structures established by the council shall determine
their own meeting schedules.
(e) (g) The members shall serve without compensation,
except that members who are, or have been, homeless may
receive reimbursement for travel, per diem, or other
expenses.
7) Memoranda of Understanding
Under Section 8262 (b) (3) of the bill, one of the
Council's goals will be to create partnerships among
government and nonprofit entities working to end
homelessness for the purpose of arriving at specific
strategies to end homelessness. It may be necessary for
these government entities to enter into formal agreements
to facilitate information sharing or other cooperative
activities in order to accomplish this goal.
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On page 7, line 4: (h) The council members shall have the
authority to enter into Memoranda of Understanding with
other council members to achieve the goals set forth in
this chapter, as necessary, in order to facilitate
communication and cooperation between the entities the
council members represent.
8) Homeless Trust Fund
SB 1380 creates a Homeless Trust Fund, which would not be
necessary, as the Council will not receive or distribute
grant money. Therefore, the committee recommends the
following amendment.
On page 7, line 4: 8263. There is hereby established in the
State Treasury the Homeless Trust Fund. Moneys in the fund
shall consist of funds awarded to the state through
philanthropic, federal, or other grants the Coordinating
Council, or departments within the Coordinating Council,
receive that are not otherwise designated to be
administered by another agency and that are expressly
restricted for use only for the purposes set forth in this
chapter. Moneys in the fund are hereby continuously
appropriated as follows:
(a) For the purposes of the grant.
(b) For the administrative costs of the Coordinating
Council, when appropriate and available.
Additional Comments
In addition to the issues addressed with the committee
amendments noted above, committee staff has identifed a couple
of issues that the author may wish to explore in the next
committee.
1) The committee recommends, to the extent that funding is
available, Council support staff from Housing and Community
Development will be supported with Council funds.
2) The committee recommends that the author consider the
following to further refine the make up of the Coordinating
Coucil.
In Section 8262 (c) The Governor shall appoint up to 15
members of the Coordinating Council as follows:
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(1) A representative of the Governor's office . A
representative from the Department of Housing and Community
Development.
(2) A representative of the Department of Social Services.
(3) A representative of the California Housing Finance
Agency.
(4) A representative of the Department of Health Care
Services.
(5) A representative of the Department of Veterans Affairs.
(6) A representative of the Department of Corrections and
Rehabilitation.
(7) A representative from the Tax Credit Allocation
Committee in the State Treasurer's Office.
(8) People who are, or have been, homeless in California,
to the extent funding is available to pay for travel costs
and stipends. Homeless persons who live in California will
serve on the Council. To the extent funding is available,
they will have their travel costs paid for.
(9) Representatives of local agencies or organizations that
participate in the United States Department of Housing and
Urban Development's Continuum of Care Program.
Representatives among local law enforcement, county or city
government, local agencies or organizations that
participate in the United States Department of Housing and
Community Development's Continuum of Care Program, or
organizations representing these interests.
(10) A state advocate or other member of the public or
state agencies, according to the Governor's discretion.
3) The author may wish to explore whether to define the
following questions about the Council's operations:
Should the Council meeting be subject to the Bagley
Keene Open Meetings Act?
How will the Council's operations, like travel
expenses, be paid for?
Should the Council be located within an existing
state agency or department?
Should the Council be required to submit an annual
report to the Legislature?
Are provisions needed to ensure certain housing
programs are not negatively impacted with passage of SB
1380? For example, there may be housing programs
operated by the Department of Corrections and
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Rehabilitation and Office of Emergency Services for which
a Housing First model may not be appropriate.
POSITIONS
Support:
Poverty Matters (Sponsor)
Brownie May Democrats of California
Corporation for Supportive Housing
Destination: Home
Malibu Democratic Club
Upward Bound House
1 individual
Oppose:
None received.
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